Home About Blog Tour FAQ Sign Up / In
Terms of Service
Please read our Terms of Service.Panels Network Terms of Service:

PARTICIPATION IN THE PANELS NETWORK INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE PANELS NETWORK.

INTRODUCTION: This agreement (”Agreement”) between You and Panels Network, Inc. (”Panels”) consists of these Panels Network (the “Network”) Standard Terms of Service (”Terms of Service”). A description of the Network is available at panels.net/faq.php, or such other URL as Panels may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

1. NETWORK PARTICIPATION: Participation in the Network is subject to Panels’ prior approval and Your continued compliance with the Network Terms of Service. Panels reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Network, You represent that You are at least 18 years of age and agree that Panels may serve (a) third party and/or Panels provided advertisements and/or other content, (b) related Panels queries and/or links (c) Panels Web and/or Site search results, and/or (d) Atom, RSS, or other feeds. You must have and abide by an appropriate privacy policy that clearly discloses that third parties may be placing and reading cookies on your usersā browser, or using web beacons to collect information, in the course of Panels being served on your website.

2. IMPLEMENTATION OF PANELS: You agree to comply with the specifications provided by Panels from time to time to enable proper delivery, display, tracking, and reporting of Panels in connection with Your Property(ies), including without limitation by not modifying the JavaScript or other programming provided to You by Panels in any way, unless expressly authorized in writing by Panels (including by electronic mail).

3. COMMUNICATIONS SOLELY WITH PANELS: You agree to direct to Panels, and not to any advertiser, any communication regarding any Panels displayed in connection with Your Property(ies).

4. PARTIES’ RESPONSIBILITIES: You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Panels’ specifications, and adherence to the terms of this Agreement. Panels reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Panels, or any engagement in any activity prohibited by this Agreement. Panels is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and Panels. In addition, Panels shall not be obligated to provide notice to You in the event that any Panel is not being displayed properly to end users of the Property(ies).

5. NO ENDORSEMENT OF THIRD PARTY CONTENT: Panels makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability or condition of any third party content or hyperlinks to third party Web sites contained in Panels. Panels has no control over the content of any hyperlinked third party Web sites and shall have no obligation to review those sites’ content. Your use of any other Web sites is at your own risk. Under no circumstances will Panels be liable for any loss or damage of any kind as a result of the use of any third party content or service providers posted or otherwise made available through Panels.

6. SUBMISSIONS: You may have the opportunity to post comments on Panels. If you post comments to the Network, you grant Panels and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the Network. You will indemnify Panels or its affiliates for all claims resulting from content you supply. You may also submit any comments or feedback you may have on Panels Network to info at panels.net. By submitting comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, “Submissions”), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. Panels reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content.

7. PROHIBITED USES: You shall not, and shall not authorize or encourage any third party to: (i) edit, modify, filter, truncate or change the information contained in any Panel in any way without authorization from Panels; (ii) frame, minimize, remove or otherwise inhibit the full and complete display of any Panel accessed by an end user; (iii) redirect an end user away from any Referral Page; provide a different version of any Referral Page; intersperse any content between the Panel and any Referral Page; or otherwise provide anything other than a direct link from a Panel to a Referral Page; (iv) “crawl”, “spider”, index or in any non-transitory manner store or cache information obtained from any Panels, or any part, copy, or derivative thereto; (v) create a new account to use the Network after Panels has terminated this Agreement with You as a result of your breach of this Agreement; or (vi) engage in any action or practice that reflects poorly on Panels or otherwise disparages or devalues Panels’ reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

8. TERMINATION: Subject to any third party agreements You may have with other Panels customers (e.g., Your Web hosting company), You may stop displaying Panels on any Property in the Network with or without cause at any time by removing the Panels JavaScript or similar programming from Your Properties. You may terminate this Agreement with or without cause at any time by sending written notice of your desire to cancel Your participation in the Network to info at panels.net. This Agreement will be deemed terminated within ten (10) business days of Panels’ receipt of Your notice. Panels may investigate any activity that may violate this Agreement. Panels may at any time, in its sole discretion, terminate all or part of the Network, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Network for any reason.

9. CONFIDENTIALITY: You agree not to disclose Panels Confidential Information without Panels’ prior written consent. “Panels Confidential Information” includes without limitation: (a) all Panels software, technology, programming, specifications, materials, guidelines and documentation relating to the Network; (b) click-through rates or other statistics relating to Panels performance in the Network provided to You by Panels; and (c) any other information designated in writing by Panels as “Confidential” or an equivalent designation. Panels Confidential Information does not include information that has become publicly known through no breach by You or Panels, or information that has been (i) independently developed without access to Panels Confidential Information, as evidenced in writing; (ii) rightfully received by You from a third party; or (iii) required to be disclosed by law or by a governmental authority.

10. NO GUARANTEE: Panels makes no guarantee regarding the level of impressions of Panels or clicks on any Panel, the timing of delivery of such impressions and/or clicks, or the completion of Referral Events. In addition, for the avoidance of doubt, Panels does not guarantee the Network will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Panels control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Panels or Your servers are located or co-located.

11. NO WARRANTY: PANELS MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE NETWORK AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT PANELS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-PANELS CONTENT, PANELS SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS, LINKS, AND SEARCH RESULTS.

12. LIMITATIONS OF LIABILITY: EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE NETWORK, IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

13. PUBLICITY: You agree that Panels may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use Panels’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (”Brand Features”), You may do so, so long as such use is in compliance with this Agreement and in compliance with Panels’ then current Brand Feature use guidelines.

14. REPRESENTATIONS AND WARRANTIES: You represent and warrant that (a) all of the information provided by You to Panels to enroll in the Network is correct and current; (b) You are the owner of each Property or You are legally authorized to act on behalf of the owner of such Property(ies) for the purposes of this Agreement and the Network; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. You further represent and warrant that each Property and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not pornographic, hate-related or otherwise violent in content.

15. INDEMNIFICATION: You agree to indemnify, defend and hold Panels, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively “Indemnified Person(s)”) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Network, the Property(ies), and/or Your breach of any term of this Agreement.

16. PANELS RIGHTS: You acknowledge that Panels owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Network (including Panels’ Network technology and Brand Features, including implied licenses, and excluding items licensed by Panels from third parties), and that You will not acquire any right, title, or interest in or to the Network except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Panels services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Network or proprietary information related thereto. You will not remove, obscure, or alter Panels’ copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Network services, software, or documentation. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

17. INFORMATION RIGHTS: Panels may retain and use, subject to the terms of the Panels Privacy Policy (located at http://www.panels.net/privacy.php, or such other URL as Panels may provide from time to time), all information You provide, including but not limited to Property demographics and contact and billing information. You agree that Panels may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your participation in the Network, including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Panels may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Panels disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Panels may share non-personally-identifiable information about You, including Property URLs, Property-specific statistics and similar information collected by Panels, with advertisers, business partners, sponsors, and other third parties. In addition, You grant Panels the right to access, index and cache the Property(ies), or any portion thereof, including by automated means including Web spiders or crawlers.

18. MISCELLANEOUS: This Agreement shall be governed by the laws of Oregon, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Multnomah County, Oregon. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Network after such terms have been updated by Panels. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Panels. Notwithstanding the foregoing, Panels may assign this Agreement to any affiliate at any time without notice. The relationship between Panels and You is not one of a legal partnership relationship, but is one of independent contractors.